Earlier in the month, Cuyahoga County Common Pleas Judge Lance Mason was arrested wearing a blood stained shirt after police received several 911 calls.
Mason now faces a charge of felonious assault against his wife for incident that occurred on August 2.
Routinely any sitting judge is to be shifted away from his judicial colleagues because of their close relationship.
But Judge Mason's attorneys are using the same argument to say he has just as familiar a professional relationship with prosecutors.
In a motion they've asked Judge Patricia Cosgrove to rule on that.
Cuyahoga County Prosecutor Timothy McGinty's office disapproves and would like to prevent Mason from being able to pick and choose which prosecutor will handle the case.
Prosecutors also say Mason only made the request when they refused a lower charge than felonious assault.
Mason's case now goes to a grand jury, since he waived his right to a preliminary hearing.
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